j1 waiver - spouse on TN

[baba15]

I am about to apply for waiver, where my employer will sponsor me for H1B and GC. My husband had been on j2 visa for first two years of my j1. Since then (last 3 years) he has been on TN (and has TN for next 3 years). My understanding is that my husband can get H4 automatically through waiver process. Since H4 is not practical (not working visa), he is reluctant to start this process. Is there a way for him to apply for GC based on my (eventual in 3-4 years) GC without switching to H4.

[m_img]

Originally Posted by baba15

I am about to apply for waiver, where my employer will sponsor me for H1B and GC. My husband had been on j2 visa for first two years of my j1. Since then (last 3 years) he has been on TN (and has TN for next 3 years). My understanding is that my husband can get H4 automatically through waiver process. Since H4 is not practical (not working visa), he is reluctant to start this process. Is there a way for him to apply for GC based on my (eventual in 3-4 years) GC without switching to H4.

1) Spouse does not have to switch to H4. When your waiver is approved, the HRR condition for all J2s is automatically waived.

2) You can start GC while your husband on TN, PERM, 140. It is 485 stage when TN/H4 matters. Technically TN is not dual intent but H4 is. People have done it on while on TN. Here is how they did it... You can't get TN when you have applied AOS/485. So, first get your TN renewed so that you have enough time. Now you can get TN for three years. Make sure you have at least one year left on TN when applying for AOS.

Worst that can happen that they would cancel TN. You can deal that at that time by switching to H4 for few months.

Check with a lawyer to be certain.

[baba15]

Originally Posted by m_img

1) Spouse does not have to switch to H4. When your waiver is approved, the HRR condition for all J2s is automatically waived.

2) You can start GC while your husband on TN, PERM, 140. It is 485 stage when TN/H4 matters. Technically TN is not dual intent but H4 is. People have done it on while on TN. Here is how they did it... You can't get TN when you have applied AOS/485. So, first get your TN renewed so that you have enough time. Now you can get TN for three years. Make sure you have at least one year left on TN when applying for AOS.

Worst that can happen that they would cancel TN. You can deal that at that time by switching to H4 for few months.

Check with a lawyer to be certain.

Thanks for reply. When in the process comes 485 stage (AOS - ? Adjsutment of Status)?